Driving instructors - Section 58

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Driving instructors - Section 58

by: admin on
Thu Jan 24, 2008 5:21 am

Driving instructors - 58

(1) An individual shall not provide a prescribed class of driving instruction for compensation except under the authority of a driving instructor licence issued under this section that authorizes the individual to provide that class of driving instruction. 2005, c. 26, Sched. A, s. 8.

Issuance of driving instructor licence


(2) The Minister may issue a driving instructor licence to an individual authorizing the individual to provide a prescribed class or classes of driving instruction if the individual applies for the licence and meets the requirements of this section and the regulations made under it. 2005, c. 26, Sched. A, s. 8.

Conditions


(3) The Minister may issue a driving instructor licence subject to such conditions as the Minister considers appropriate. 2005, c. 26, Sched. A, s. 8.

Licensee’s authority and duty

(4) A licensed driving instructor may provide driving instruction for compensation in the prescribed class or classes of driving instruction authorized by his or her licence and shall provide such instruction in accordance with this Act and the regulations made under this section. 2005, c. 26, Sched. A, s. 8.

Licence not transferable

(5) A driving instructor licence is not transferable. 2005, c. 26, Sched. A, s. 8.

Holding out

(6) No person shall hold themself out as being qualified to provide driving instruction for compensation in a prescribed class of driving instruction unless the person is licensed to do so under this section. 2005, c. 26, Sched. A, s. 8.

Fees


(7) It is a condition of a driving instructor licence that the licensee pay all prescribed fees in the manner and at the times prescribed. 2005, c. 26, Sched. A, s. 8.

Co-operation with inspector

(8) It is a condition of a driving instructor licence that the licensee co-operate with an inspector carrying out his or her duties under section 58.2. 2005, c. 26, Sched. A, s. 8.

Regulations

(9) The Minister may make regulations,

(a) prescribing classes of driving instruction for which a driving instructor licence is required in order to provide such instruction for compensation and prescribing classes of driving instructor licences;

(b) prescribing the qualifications and requirements for the issue of driving instructor licences or any class of them;

(c) governing the issuing and renewal of driving instructor licences;

(d) prescribing standards for driving instruction or for any prescribed class of driving instruction;

(e) governing the safety and maintenance of motor vehicles and other equipment used by licensed driving instructors or any class of them;

(f) prescribing qualifications and requirements for holders of driving instructor licences or any class of them;

(g) governing the suspension and revocation of driving instructor licences or any class of them;

(h) governing appeals from a refusal to issue or renew a driving instructor licence or from a suspension or revocation of a driving instructor licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving instructor licence, including prescribing circumstances in which there is no right to an appeal or to be heard;

(i) prescribing books and records to be maintained by licensed driving instructors and requiring and governing the submission of reports and returns to the Ministry by licensees;

(j) prescribing fees to be paid for applications and for the issue and renewal of licences;

(k) establishing a system of fees to be paid by licensees in respect of the driving instruction they provide;

(l) governing the manner and times of payment of any prescribed fees;

(m) exempting driving instructors holding any class of licence from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption. 2005, c. 26, Sched. A, s. 8.

Classes

(10) A regulation made under subsection (9) may apply in respect of any class of persons, driving instruction or licences. 2005, c. 26, Sched. A, s. 8.

Conflict between regulations and by-law

(11) Where there is a conflict between a regulation made under subsection (9) and a by-law of a municipal council or police services board regulating or governing driving instructors or driving instruction, the regulation prevails. 2005, c. 26, Sched. A, s. 8.

Definition

(12) In this section,

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly. 2005, c. 26, Sched. A, s. 8.

Interpretation


(13) For the purposes of this section,

(a) a person who provides driving instruction as part of his or her employment or contractual duties is providing driving instruction for compensation;

(b) a person who provides driving instruction as an employee or contractor of a licensed driving school or otherwise under the auspices of a licensed driving school is providing driving instruction for compensation even if the compensation for the driving instruction is paid to the driving school. 2005, c. 26, Sched. A, s. 8.


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